Court No. - 69
Case :- APPLICATION U/S 482 No. - 12620 of 2019 Applicant :- Ram Raji And 3 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Chandra Bhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Chandra Bhan, learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A. appearing for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case Crime No.47 of 2018, under sections 498- A,323, 504, 506 I.P.C. and Sec.3/4 D.P.Act, P.S.Badshahpur, District Jaunpur pending in the Court of A.C.JM.II, Jaunpur.
The marriage between opposite party no.2 and applicant no.4 Gyan Bahadur was solemnized on 26.11.2015.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no.4 is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no.4, namely, Gyan Bahadur is hereby refused.
However, it is directed that in case the applicant no.4 appears and surrender before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
It is made clear that the applicant no.4 will not be granted any further time by this Court for surrendering before the Court below as directed above.
So far as applicant nos. 1, 2 & 3 are concerned, it has been contended by learned counsel for the applicants that they are father-in-law, mother-in- law and sister-in-law of opposite party no.2 and the allegations levelled against them are wholly vague and no specific allegation of demand of dowry has been levelled against them and it is a case of no injury., Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 1, 2 & 3, namely,Ram Raji, Tulsi Ram & Sumitra shall remain stayed.
Order Date :- 8.4.2019 IA